Liberty Lost
Update 10-15-2009: For a detailed look at Citizenship please see the article: Obama's Achilles heel - Natural Born Citizenship. This article goes into depth on the definitions of differing forms of US Citizenship.
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The latest legal turn out of Hawaii leaves very little wiggle room for the state.
On July 27th 2009 The Hawaii Department of Health in a press release declared that Barack Obama was a Natural Born Citizen.
Researcher Justin Riggs on July 29th was informed by email that Hawaii Attorney General Mark Bennett reviewed and approved the Statement released by DoH Director Fukino.
Attorney Leo Donofrio has been investigating the irregularities in the State of Hawaii at his blog Natural Born Citizen and has published a copy of the emails between Riggs and the Attorney General's office:
From: Justin Riggs [email address redacted]
Date: Wed, Jul 29, 2009 at 12:03 PM
To: …janice.okubo@doh.hawaii.gov, [redacted other recipient]…Ms. Okubo,
I am currently a masters degree candidate at …The reason that I am contacting your organizations is that you are, as far as I can tell from my research, the only two groups that have openly stated that President Obama is a natural born citizen (one of the Article II, Section I qualifications for being President). I would like to document how you came to that conclusion: i.e. what the criteria is for your organization, what evidence the candidate provides, etc.
I thank you for your time, and look forward to receiving a response in the near future.
Sincerely,
Justin W. RiggsJanice Okubo responded later that day:
From: Okubo, Janice S.. <janice.okubo@doh.hawaii.gov>
Date: Wed, Jul 29, 2009 at 12:20 PM
To: Justin Riggs [email address redacted]…
Aloha Justin,
The statement was reviewed and approved by our Attorney General Mark Bennett. I am unable to provide further comment.
Janice Okubo
Communications Office
Hawaii State Department of Health…
According to law, the State of Hawaii must now disclose how it came to the decision that is found in Director Fukino’s July 27th Press Release that was approved by the State’s Attorney General. Haw. Rev. Stat. 28-4 states very clearly that formal opinions of the Attorney General must be made public. Further, the Hawaiian Office of Information Practices in 1991 formally set out the requirements that informal opinions of the AG must also be made available for public inspection. According to Donofrio, under the Uniform Rules of Evidence (Rule 510): “when the conclusions of an informal Attorney General opinion are made public by the agency/client, then the accompanying record of that opinion must also be disclosed to the public:”
The State of Hawaii declared that Obama was a Natural Born Citizen and that this disclosure was approved by the Attorney General of the State. The State of Hawaii must now release any and all communications and documentation that led it to making this determination. Because Janice Okubo on July 29th revealed that the decision was approved by the State’s Attorney General, and the state made its Natural Born Citizen statement, the state is now required by law to disclose how it reached that conclusion. As Donofrio explains, there can be no secret law. The State of Hawaii cannot simply make a statement with legal weight, and then when asked to provide how it reached that decision, simply say: ‘You just have to trust us on that’. They must release any and all information that led them to make their public declarations.
On October 5th, Donofrio wrote to the office of the Attorney General, contacting Jill Nagamine:
Subject: Request for AG Opinion letter
Date: Monday, October 5, 2009 8:34 PM
From:”Leo Donofrio” [email redacted]
To: Jill.T.Nagamine@hawaii.govDear Ms. Nagamine,
The following request for Government records is made pursuant to the UIPA.
I request a copy (or access to a copy) of the Attorney General Opinion Letter the Attorney General provided to Department of Health Director Fukino which reviewed and approved her July 27, 2009 statement/press release about President Barack Obama wherein it was stated that he is a “natural-born American citizen.”
I request the opinion letter referenced above whether it was prepared as a formal Opinion Letter under Haw. Rev. Stat. 28-3 (and/or any other authority) or as an informal letter if prepared under Haw. Rev. Stat. 28-4 (and/or any other authority).Please have your response conform to the OIP administrative rules.
A few hours later he received the following response:
Subject: Re Request for Ag Opinion letter
From: “Jill.T.Nagamine@hawaii.gov”
To: “Leo Donofrio” [email redacted]Dear Mr. Donofrio:
No formal (emphasis added) attorney general opinion was generated relating to the July 27, 2009 public statement made by Chiyome L. Fukino, M.D. Any other legal advice rendered to our clients is privileged communication. We have nothing to release based on your request.Very truly yours,
Jill T. Nagamine
Deputy Attorney General
State of Hawaii
With all due respect to Ms Nagamine, this response is disingenuous in the extreme. First, Mr. Donofrio asked for all formal and informal communications. Under the law, the state has to release this information once any part of the resulting decisions are publically released, which happened on July 27th with Director Fukino’s Press Release, and again on July 29th When Janice Okubo informed Mr. Riggs that the Attorney General approved the statement. Second, Ms Nagamine’s response states that the informal communications are attorney client privilege, where none exists.
According to OIP Opinion letter 91-23, the conclusions of an informal Attorney General opinion made public by the agency or client (The Department of Health) the accompanying record of that opinion must be made public.
A client cannot voluntarily and selectively disclose those portions of a communication between the client and the client’s attorney without forfeiting the right to keep other portions of the communication on the same subject matter privileged.
The privilege may be said to be waived when the client relinquishes its protection. The waiver of this privilege follows as a consequence from any conduct by the client that would make it unfair for the client thereafter to assert the privilege. See generally, Marcus, The Perils of Privilege: Waiver and the Litigator, 84 Mich. L. Rev. 1065 (1986)
Similarly, under Rule 510 of the Uniform Rules of Evidence, the holder of a privilege waives it if the privilege holder consents to the disclosure of “any significant part of the privileged matter.”
The response of Ms Nagamine is very clearly not addressing the informal communications between Director Fukino and the Attorney General. By law, the public has the right to see any communications between these two parties once the client, in this case the Department of Health, publically releases the conclusions reached through those communications.
Donofrio is currently filing an appeal with the OIP, and the Judiciary as well. Because of the nature of the law involved, Donofrio will get that judicial review in an expedited manner.
The State of Hawaii will soon be forced to reveal the information it used to declare Barack Obama a Natural Born citizen. This will be very interesting, considering Obama’s Father was a British Citizen. therefore Barack Obama Jr is also a British Citizen, and was at birth by the very nature of his parentage.
Barack Obama, by legal definitions going back to the 1600’s is not, was not, and never has been a Natural Born Citizen. It does not matter where Barack Obama was born; he was a dual American/British/Kenyan citizen. He could have been born on the steps of the Lincoln Memorial in Washington D.C. itself, and it would not matter. The basic fact of Barack Obama’s parentage remains the same. A Dual Citizen cannot ever be a Natural Born Citizen.
There is absolutely no doubt.
There is an Usurper in the White House, and his name is Barack Obama. He and those who aided him in this usurpation, including the DNC are guilty of Treason to the United States. Every law that has been passed, every treaty signed, every order issued to the military has zero legal weight.
This leads to a singularly terrifying reality that must be dealt with. The United States does not have a constitutional government.
This is the reason the Democrats in Congress are pushing things through as fast as they possibly can, without reading and in the case of the Senate even writing the legislation they are voting on. Once it becomes public knowledge what the Democrats and the DNC have done in their fraud upon America with Barack Obama, they will not be able to get anything done. Rightly so.
This is a scandal and cover-up 100 times the size of Watergate. This time, it won’t be just a President resigning in disgrace, it will also be the DNC Leadership who will be under the criminal investigation microscope for the cover-up, and it is a scrutiny they cannot withstand.
This is the reason Barack Obama is doing everything he can to keep people focused on the irrelevant issue of his birth certificate. He would rather people be thinking about where he was born rather than the citizenship that was conferred upon him by his British father.
The smoke and mirrors have cleared. This is no longer a partisan issue, partisan issues are reserved for constitutional governments, which we do not have. There is only those who understand the peril we are in, and those who do not, and we are all Americans.
Now, what are we going to do about it?
Comments
Pure brilliance.
Well researched and the result is damn scary!
~Salem Libertarian Examiner
Thank you. It is very scary.
You're quite right, Diane. Spot on. This developing story is larger than one can imagine.
Has there been any doubt from the Americans that are aware of this issue? We must ask ourselves who will do anything about it? Is the US Constitution a valid issue, as it seems no one is following the rule of law anymore. LAW is made FOR and BY the rich and powerful to be obeyed by the enslaved populace.
Well done. Can't wait for someone to have the stones to break this bogus administration apart. I don't know if the Supremes have what it takes.
San Jose Real Estate Examiner
With Liberty and JUSTICE FOR ALL !!......if needed, arrest the sob
Nice article cotere
Diana, you're an idiot. Get a hobby you horse faced loser.
It doesn't matter what these stupid @&% DemoCRAPS do...once this FRAUD is out and all the criminals are behind bars....then everything this SOB signs will have to be repealed....so what are these morons waiting on.... "we the People" know what you have done and treason against the USA is a CRIME!!!
Natural Born Citizen...Persons who are born within the jurisdiction of a national government, ie., in it's territorial limits. See Jus Soli...The principal that a persons citizenship is determined by place of birth rather than by the citizenship of one's parents. Source...Blacks Law Dictionary, the standard authority for legal definitions in the United States since 1891. Birthers really need to "quit making things up". Thanks Sara...
The horse faced idiot strikes again. Thanks for the laughs. If Orly Taitz is Queen of the Birthers D.C.is their Court Jester
We can ask our Senators and Representatives why they sat on their butts on January 8, 2009 Joint Session to stamp their approval on the Electoral College votes. First, Dick Cheney did not ask for objections as he should have and, secondly, even if he didn't ASK - any ONE in that AUGUST chamber could have stated an objection. No one did. They are all guilty.
Then, while you are at it: Ask them what did they mean when they swore an oath to protect and defend the Constitution of the United States?
You are quite right that dual citizenship disqualifies bho according to historical fact.
However, you are quite wrong that the birth certificate doesn't matter. The dual citizenship issue is known by most people and won't bring him down.
It is quite obvious that he is hiding something regarding his birth certificate, and that something is most likely serious. That is what will bring him down.
We will never get a majority of public opinion or supreme court votes on the dual citizenship issue, even though it should disqualify him. Not that I like that set of circumstances, but I'm just reading the tea leaves as accurately as I can.
P. S. Diana, I also meant to say: Keep going,you are doing just fine. Lame Stream Media isn't doing its job; we know it and so do they.
You moron. The US recognises dual citizenship, according to the State Department website.
Don't you have some Elvis sightings to track down?
We'll see who laughs last....... you can call me a 'birther' till the cows come home, I don't care, I know I am right. Just show a birth certificate and college transcripts, not that it matters, because his daddy is Kenyan and thus British.
But, more importantly, will this disqualify his faux Nobel Peace Prize award?
Oh dear:
What does the state dept recognizing dual citizenship have to do with it? The constitution determines qualifications for president, not the state dept., YOU MORON!
Kudos top Dianna Cotter for a well-researched investigative piece! Yes, Obama and his liars are running out of options.
> The horse faced idiot strikes again.
MacGruber & ROTFLMAO, what a jackasses you are to say such a thing about anyone. You are both a soulless wart of a human being, exemplifying the run-of-the-mill Obot schill. Your mothers & fathers must be quite saddened at what you've become. Meanwhile, Lenin would be proud of the Useful Idiots you've turd-blossomed into.
Pay no mind to the Obots here who can't give a conclusive argument on why Mr. Obama would not release his records just to put a stop to all of the lawsuits. "Nuts and sluts" is all they know - they are unable to defend their ex facto president on merit.
Obama schills are just as corrupt as their president. There's no limit to their depravity to try to support their failing and lying president.
Hey pennic DUval, thanks for the legal defination of NBC!!!
> You moron. The US recognises dual citizenship,
> according to the State Department website.
Not until 1993, MORON!
Not that it matters anyway since Hillary Clinton at the State Department was NOT setting policy for the State Dept or Congress in 1961, MORON!
Not that it matters ANYWAY what policy existed in 2009, 1993 or 1961, as the State Department DOES NOT dictate who is considered a Natural Born Citizen as far as the Constitution demands for POTUS, MORON!
Obama's citizenship is not necessarily the issue anyway. More the fact his father was a British Subject in 1961, which make Obama a UK Subject still -- MORON!
Per FactCheck.org:
"When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s childre
> The principal that a persons citizenship
> is determined by place of birth rather than
> by the citizenship of one's parents.
Another Obot confusing the definition of
Citizen with NATURAL BORN Citizen
Just like they confused Obama's qualifications as a Community Organizer with his ability to LEAD a nation -- which he's failing at MISERABLY.
factcheck dot org
Search for "obama birth certificate"
You racist mothas need to get a life.
Get over it: a black man is President.
Villalobos .. shouldn't you be in the Nevada desert, checking for UFOs?
Sad, sorry as*hole
The fat man always said "words have meaning". I gave you the legal definition of NATURAL BORN CITIZEN as written in Blacks Law Dictionary. Citizen.. One who owes allegiance and being entitled to the enjoyment of full civil rights. All persons born (natural born) or naturalized (by law, statute) in the United States. That's the two kinds of citizens. I'm not confused, you are.
OH! and one more thing "QUIT MAKING THINGS UP"!!! Gotta love that Sara Palin.
> shouldn't you be in the Nevada desert, checking for UFOs?
LOL - did Louis Farrakhan's mothership send you? You truly are a punch-drinking Obotomoid idiot!
> Get over it: a black man is President
LOL - is that the BEST old line you have? Democrat Underground is really scraping the bottom of the Obot troll ping list.
How racist of you to ignore the fact he's half-white - PIG! However, it doesn't matter if he's a WHITE, BLACK, BROWN or PURPLE man, it wouldn't matter - he's a British subject and therefore illegitimate.
Fukino's been helping cover for Obama, just like Obots like yourself jump on and ATTACK anyone that doesn't drink the punch along with you.
Perhaps instead of worrying about the Nevada desert, and referencing non-applicable quotes from Black's Legal Dictionary -- 1st published in 1891 (a century after the Constitution was ratified) -- you should be more concerned about the ALIEN surrendering this nation's sovereignty to the United Nations.
Idiot Obo
Dianna - Very nice up-to-date summary of the situation.
We are heading for a world of hurt when the Obama dam breaks. The aftermath will be devastating. I will never vote for a Democrat ever again! Many Republicans also share the blame for the crisis we've been put in.
Villallobos, get a grip. The principal of Jus Soli predates the U.S. Constitution, English common law, and goes back to the days of ancient Rome. All but about 3 countries on the planet use Jus Soli for citizenship. Ever hear of anchor babies? Children of Mexican citizens who are born in the U.S. are natural born citizens and have dual citizenship. U.S. and Mexican. As natural born citizens they can be the president just like Obama. The Constitution is mute on dual citizenship.
For those of you with the pointless and horribly ill educated comments regarding Natural Born Citizenship, and the difference between that and of Citizen, I suggest you start reading the Constitution. The Founding fathers wrote Article 2 section 1 with this requirement: "No person except a Natural Born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President". That reason was to prevent someone with dual citizenship from holding the most powerful position in the United states. They made a specific differentiation between the two. The definition of Natural Born comes from English Common Law that was written in the 1600's and is the basis of many of our laws today. That definition states, Two parents born of that Nation, the baby being born on that soil. So an American child born in Paris is NOT a Natural Born citizen, nor is one with a British father born in Hawaii.
Obama-is-not-president,
I agree. Both parties are responsible. Both know Obama isn't a Natural Born Citizen. However, the GOP can't say anything for fear of looking like a Coup. Same for the Military. The DNC and Obama are USING that against them.
The blame lay largely with Democrats.It isn't as if it wasn't common knowledge that Obama had a British Father. It isn't as if Obama himself didn't admit that his dad was a foreign national. He hid this in plain sight, counting on SEIU ACORN and a population out to get "some of their own back" by electing a half white half black man.
They chose to ignore it, and put an unconstitutional candidate on the ballot. In the rush to elect "the Messiah" they elected our downfall.
You also have to count in the absolutely woeful education system that no longer teaches the details of the Constitution, to the point where the average American doesn't even know the definition of Natural Born, something decided for hundreds of years.
Dianna, where in the Constitution does it say..."to prevent someone with dual citizenship from holding the most powerful position in the United States"? I have 3 copies of the Constitution, and none of them say that, you really need to "QUIT MAKING THINGS UP"> Natural Born Citizen..Persons who are born within the jurisdiction of a national government, ie., in it's territorial limits. Source Blacks Law Dictionary, the standard authority for LEGAL DEFINITIONS in the U.S. since 1891. Words have meaning.
Sorry Duval, I forget how much you are lacking in Education.
You have to go back and read James Madison's Federalist Papers.
I am not going to do this research for you. This is basic fundamental information about the founding of this Nation and is something you clearly need to read.
Seriously, if you are going to discuss Constitutional issues and the intents of the founders, how and why they wrote it as they did, then you must go back and actually read their work.
The Federalist Papers. James Madison. He is considered the Father of the Constitution because to a large degree he wrote it. He was well aware of the issues of citizenship, and what it meant in terms of the first few elections of the new country, there were a great many men who were citizens, but had been born in some other country. They were far more aware of the need to establish as best as possible loyalty to the Nation, this was one of the mechanisms they used to ensure it.
Thank you, thank you, thank you for reporting this!!!
It's going to take a lot of us who love our country and our constitution to get all of this revealed. Our forefathers and our military gave and continue to sacrifice their lives for our country. It's our duty to defend it.
Apparently members of the national media have been threatened, hence no coverage. I hope nothing like this happens to you, or if it does, I hope you expose it. Please stay safe and God Bless.
I wonder why this is taking so long to play out.
Finally, someone who has journalistic character and is willing to write about and investigate the truth. Can you hear the music sung in perfect harmony by Mark Bennett, Fukino, and Okubo? It goes like this: "I fought the law, and the ... law won!" :)
Well done! Great Article!
I've been following Leo Donofrio's blog for quite some time now and I must say that you've written a fantastic article, right on the money! Thank you very, very much for having the courage to print the truth (so nice for a change in the media).
In reading most of the comments, I continue to be alarmed by those whom upon disagreeing with the content of the article immediately resort to name calling and/or stating things like "get over it a black man is President." How utterly disingenuous and uneducated can you possible be?
This issue has absolutely nothing to do with race and has everything to do with either having a Constitution that remains in force and intact, or one that has been torn to shreds and no longer protects every American's sovereignty.
The author's article is well researched on the activities that are taking place in Hawaii presently. The only criticism that I would have for the author is that although I believe her definition of a natural born citizen is the Constitutionally accurate one, she does not offer proof for her stated definition. In fairness to the author, providing the proof supporting her Constitutional definition of natural born citizen would require a book in and of itself.
I had no idea that Obama had dual citizenship. That would clearly make him not eligible. It appears clear to me too that Hawaii is hiding something around his birth certificate.
Are you telling me I just voted for a person who was a complete fraud?
Duval,
Your arguments lack logic. You state: "Source Blacks Law Dictionary, the standard authority for LEGAL DEFINITIONS in the U.S. since 1891." So a legal standard that was accepted some 100 years after the writing and ratification of the Constitution is the definitive standard used during the writing of the Constitution some 100 years previously? I'm thinking maybe math wasn't one of your best subjects in school, along with American history.
For the conclusive definition of "Natural-Born Citizen" (as distinguished from "Citizen" or even "Native-Born Citizen") go to "the Conclusive Definition of Natural Born Citizens at:
www.scribd.com/doc/17485112/The-Conclusive-Definition-of-Natural-Born-Citizen
Diana your statement that the English Commmon Law definition "natural born" is wrong. Read Blackstone's Commentaries on English Common Law> He said " The first and most obvious division of the people is into aliens and natural-born subjects. Natural-born subjects are such as are born within the dominions of the crown of England" and "The children of aliens, born here in England, are generally speaking, natural-born subjects, and entitled to all the privileges of such."
So who is Blackstone? Justice Scalia in DISTRICT OF COLUMBIA ET AL. v. HELLER said, "Blackstone, whose works, we have said, “constituted the preeminent authority on English law for the founding generation,” Alden v. Maine, 527 U. S. 706, 715
(1999)"
Thank you very much for such a truthful article, it is so refreshing to see and read what EVERYONE knows as the TRUTH but to afraid to admit...Again, Thank You and please continue to write...You are Awesome!
Thank you to Leo also from Natural born Citizen!
Great work Dianna. Keep us updated.
Dianna, How refreshing it was to see a reporter get the issue right for a change. Thank You.
The argument that Obama is not a natural born citizen and ineligible to be president because his father was not a citizen is simply silly non-sense.
A long line of US presidents before Obamam, were born on USA soil to two USA citizen parents, this has established a long held precedent that to be the President of the USA, one had to be a Natural Born Citizen -- born on USA soil to two USA citizen parents. What gives Barack Hussein Obama II, the right to break the long held precedent that a USA POTUS shall be NBC? By what warrant is Barack Hussein Obama II, holding the office of POTUS?
AZconservative.. Blacks Law Dictionary seventh edition 1998. I wrote SINCE 1891 that's how long Blacks Law Dictionary has been in print. This is the book you take with you when you take a case before the Supreme Court.
The horse faced racist strikes again. Some folks can't stand having a black president, it makes them so crazy they will even believe this kind of garbage.
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